Crew on "N-" aircraft with JAA licence ?!

[Stratocaster]

And now for something completely different...

Let's suppose for a minute that a single-pilot turboprop aicraft, registered "N-", is based in Europe for private/fractional ops. Strange idea in my opinion, but let's talk only about the flight crew. The PIC must hold a valid FAA medical certificate and FAA licence and must also remain current.

What if in the RH seat we find a pilot who does not have an FAA CPL, but only a JAA CPL ? Can he be SIC ? Can he be considered as "safety pilot" (the guy has never flown this type of aircraft before) ? Can he log time ?

I would say "no" to all three questions and advise the guy to quickly get an FAA licence (which is exactly what I did), but I might have overlooked something here.

Any info or reference to regulations welcome, thanks in advance !

[Astra driver]

I would agree with all 3 of your points, but would like to add the following;

The only way this fellow can log any time in the aircraft would be as a safety pilot, since the aircraft only requires one pilot and therefore SIC time would not be valid, since an SIC is not required. If he does not have a valid certificate he can legally "ride along" up front but not log any time since he is just a passenger.

In order to act as safety pilot he must be qualified in Category and Class (No menton of currency required) which would imply the need for an FAA cert. But, if I recall correclty, you are not required to have a medical cert. in order to act as safety pilot.

The Safety pilot can log the time that the flying pilot spends under the hood as PIC, since during that time the safety pilot is "Responsible for the safety of flight" which kind of contradicts the medical requirement, but this is what I was told by a local FAA inspector.

If you want to peruse the FAR's go to www.faa.gov and follow the links. Parts 61 and 91 would be pertinent, 91.109 talks about requirements for safety pilots. I would be curious as to wether or not your interperations agree with mine.

[Stratocaster]

Thanks a lot to both of you for taking the time to reply. I didn't know that you could fly on a "N-" aircraft with a foreign licence provided you're flying in a country (not U.S.) where the licence is valid.

After reading your comments I also read a few pages of the new regulations for fractional ownership programs (issued Sept. 2003), and found some interesting information...

§ 91.1053 Crewmember experience.
(a) No program manager or owner may use any person, nor may any person serve, as a pilot in command or second in command of a program aircraft, or as a flight attendant on a program aircraft, in program operations under this subpart unless that person has met the applicable requirements of part 61 of this chapter and has the following experience and ratings:

(1) Total flight time for all pilots:
(i) Pilot in command—A minimum of 1,500 hours.
(ii) Second in command—A minimum of 500 hours.

(2) For multi-engine turbine-powered fixed-wing and powered-lift aircraft, the following FAA certification and ratings requirements:
(i) Pilot in command—Airline transport pilot and applicable type ratings.
(ii) Second in command—Commercial pilot and instrument ratings.

(...)

(b) The Administrator may authorize deviations from paragraph (a)(1) of this section if the Flight Standards District Office that issued the program manager’s management specifications finds that the crewmember has comparable experience, and can effectively perform the functions associated with the position in accordance with the requirements of this chapter. Grants of deviation under this paragraph may be granted after consideration of the size and scope of the operation, the qualifications of the intended personnel and the circumstances set forth in § 91.1055(b)(1) through (3). The Administrator may, at any time, terminate any grant of deviation authority issued under this paragraph.

If your interpretation is similar to mine, this means the guy we're talking about has nothing to do as SIC in the aircraft, since he doesn't have an FAA licence/rating and has less than 500 hours.

And, of course, here the concept of "safety pilot" is absolutely nowhere to be found. Case closed, I would say...

[mattpilot]

Basically FAR 61.3 works both ways ..... right?


For example, as a FAA certificate holder i can also go to europe and operate european aircraft within their respective boarders?


Though i do need some clarification please. Say i'm operating a German registerd aircraft on a FAA license.... can I, A) only fly in germany, B) fly in the JAA member states, or C) fly in all ICAO countries with that particular airplane?

Thanks in advance for any help!

Matt

[Stratocaster]

From what I understand, you can't fly as a required flight crewmember (pilot) on a JAA airplane unless you have a JAA licence or a JAA validation based on your ICAO licence.

To validate your ICAO PPL/IR, here's what the JAR-FCL says...

Appendix 1 to JAR–FCL 1.015
Minimum requirements for the validation of pilot licences of non-JAA States
A private pilot licence with instrument rating issued in accordance with ICAO Annex 1 by a non-JAA State may be validated subject to conditions by a JAA Member State in order to permit flights (other than flight instruction) in aeroplanes registered in that JAA Member State.
To validate such licences, the holder shall:
(a) complete, as a skill test, the type/class and instrument rating of Appendix 1 and 2 to JAR-FCL 1.210 and Appendix 3 to JAR-FCL 1.240;
(b) demonstrate to the satisfaction of the Authority in accordance with Subpart J, that a knowledge of Air Law and the Aeronautical Weather codes, as well as the Flight Planning & Performance (IR), Human Performance in accordance with Appendix 1 to JAR-FCL 1.470 has been acquired;
(c) demonstrate a knowledge of English in accordance with JAR-FCL 1.200;
(d) hold at least a valid JAR-FCL Class 2 medical certificate including hearing requirements in accordance with JAR-FCL 3.355(b);
(e) hold R/T privileges acceptable to the Authority, (f) comply with the experience requirements of 100 hrs PIC instrument flight time


To convert your ICAO PPL, here's what the JAR-FCL says...

Appendix 2 to JAR-FCL 1.015
Conversion of a PPL issued by a non-JAA Member State to a JAR-FCL PPL
The minimum requirements for the conversion of a private pilot licence issued by a non-JAA Member State to a JAR-FCL licence are:
(a) the applicant shall hold a licence issued in accordance with ICAO Annex 1
(b) the applicant shall hold at least a JAR-FCL Class 2 medical certificate
(c) to hold R/T privileges acceptable to the Authority
(d) the applicant shall comply with the following flying experience requirements : ›100 hours as pilot of aeroplanes.
Any further JAR-FCL requirements :
(1) Pass a written examination in Air Law and Human Performance and Limitations
(2) Pass the PPL skill test as set out in Appendix 1 to JAR-FCL 1.130 and 1.135 and Appendix 2 to JAR-FCL 1.135
(3) Fulfil the relevant requirements of Subpart F